DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

LUCKNOW

DRAFTING, PLEADING AND CONVEYANCE

Final Draft

Drafting of Anticipatory Bail

SUBMITTED TO: SUBMITTED BY :

MS. SHAKUNTALA ‘SANGAM’ NISCHAY NEHRA

ASSISTANT PROFESSOR (LAW) B.A.LL.B. (B) VI SEM.

Dr. RMLNLU ENROLL. NO. 150101088

 ACKNOWLEDGMENT

Expressing gratitude is a pleasant but difficult job when one sincerely tries to put them in words.
To list them all is not practicable, even to repay them in words is beyond the domain of my
lexicon.

I am highly indebted to Ms. Shakuntala ‘Sangam’, our Professor and Guide of the subject
Pleading, Drafting and Conveyance for firstly, allowing me to take this topic just on the ground
that I have interest in the topic, secondly, for providing me outstanding assistance at every step
of my preparation of this project. I am extremely thankful to her for her constructive criticism
and helpful suggestions. Her constant encouragement helped me to work harder.

Further, I would like to give my sincere gratitude to the Madhu Limaye Library, Librarian sir
Mr. Manish Bajpayee and his team for helping me in finding material on the topic. Without their
support this project could not have been completed because finding detailed material on this
topic is not easy task.

I would also in cryptic gratitude toward my parents who ensure my capabilities and raise my
confidence, also maintain mental and physical balance.

2
 CONTENTS

MEANING OF ANTICIPATORY BAIL.......................................................................................5

STAY ON ARREST........................................................................................................................6
TRANSIT BAIL..............................................................................................................................6
REGULAR BAIL............................................................................................................................6
REGULAR BAIL and ANTICIPATORY BAIL:DIFFERENCE...................................................7
OBJECT OF S. 438:........................................................................................................................8
WHEN SHOULD ANTICIPATORY BAIL BE GRANTED?.......................................................9
FILING OF ANTICIPATORY BAIL...........................................................................................10
‘REASON TO BELIEVE’.............................................................................................................11
PROCEDURE AS REGARDS THE ANTICIPATORY BAIL....................................................13
DRAFTING OF AN ANTICIPATORY BAIL APPLICATION..................................................14
FEE FOR ANTICIPATORY BAIL...............................................................................................15
CONCLUSION..............................................................................................................................15
BIBLIOGRAPHY..........................................................................................................................17

3
 INTRODUCTION

Section 438 of the Code of Criminal Procedure empowers the High Court and the Court of
Session to grant anticipatory bail, i.e., a direction to release a person on bail issued even before
the person is arrested.

The law is built on the past. Courts, Judges, and other lawyers look at previously decided cases
(case law), statues and history when evaluating a case.  At the very outset of a civil case the
judge/court will not hear or see their attorney prior to reading many submissions from both the
lawyer that you hired and the opposing counsel. This first impression, one that is only done in
writing, is extremely important. Not only is it a first impression for the court, but it really shows
opposing counsel and other side what kind of attorney they are dealing with. The importance of a
well written complaint is immeasurable when entering the case. Hence, a well drafted
anticipatory bail is impeccable. The anticipatory bail application should be signed by the
applicant/accused. The applicant is also required to swear an affidavit in support of the
anticipatory bail application. Power of Attorney in favor of the counsel is required to be executed
and attached along with the anticipatory bail application. Copy of the FIR which is readable is
required to be filed along with the anticipatory bail application. Copies of all the relevant
documents are required to be attached along with the anticipatory bail application

Section 438 of the Code of Criminal Procedure empowers the High Court and the Court of
Session to grant anticipatory bail, i.e., a direction to release a person on bail issued even before
the person is arrested. Section 438 of the Code of Criminal Procedure provides that:

(1) Where any person has reason to believe that he may be arrested on accusation of having
committed a non-bailable offence, he may apply to the High Court or the Court of Sessions for a
direction under this Section that in the event of such arrest he shall be released on bail; and that
Court may, after taking into consideration, inter alia, the following factors, namely:

(i) The nature and gravity of the accusation;

4
(ii) The antecedents of the applicant including the fact as to whether he has previously undergone
imprisonment on conviction by a Court in respect of any cognizable offence;

(iii) The possibility of the applicant to flee from justice; and

(iv) Where the accusation has been made with the object of injuring or humiliating the applicant
by having him so arrested,

Either reject the application forthwith or issue an interim order for the grant of anticipatory bail:

Provided that, where the High Court or, as the case may be, the Court of Session, has not passed
any interim order under this sub-section or has rejected the application for grant of anticipatory
bail, it shall be open to an officer-in-charge of a police station to arrest, without warrant the
applicant on the basis of the accusation apprehended in such application.

Either reject the application forthwith or issue an interim order for the grant of anticipatory bail:

Provided that, where the High Court or, as the case may be, the Court of Session, has not passed
any interim order under this sub-section or has rejected the application for grant of anticipatory
bail, it shall be open to an officer-in-charge of a police station to arrest, without warrant the
applicant on the basis of the accusation apprehended in such application.

(1-A) Where the Court grants an interim order under sub-section (1), it shall forthwith cause a
notice being not less than seven days’ notice, together with a copy of such order to be served on
the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor
a reasonable opportunity of being heard when the application shall be finally heard by the Court.

(1-B) The presence of the applicant seeking anticipatory bail shall be obligatory at the time of
final hearing of the application and passing of final order by the Court if on an application made
to it by the Public Prosecutor, the Court considers such presence necessary in the interest of
justice.

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(2) When the High Court or the Court of Sessions makes a direction under sub-section (1), it may
include such conditions in such direction in the light of the facts of the particular case, as it may
think fit, including:

(i) A condition that the person shall make himself available for interrogation by a police officer
as and when required;

(ii) A condition that the person shall not, directly or indirectly, make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade him from disclosing
such facts to the Court or to any police officer;

(iii) A condition that the person shall not leave India without the previous permission of the
Court;

(iv) Such other condition as may be imposed under Section 437(3), as if the bail were granted
under that Section.

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station
on such accusation, and is prepared either at the time of arrest or at any time while in the custody
of such officer to give bail, he shall be released on bail, and if a Magistrate taking cognizance of
such offence decides that a warrant should be issued in the first instance against that person, he
shall issue a bailable warrant in conformity with the direction of the court under sub-section (1).

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 WHAT IS AN ANTICIPATORY BAIL

Anticipatory bail is a direction to release a person on bail, issued even before the person is
arrested.
Here is an explanation of Anticipatory bail given by the Supreme Court in Gurbaksh Singh
Sibbia v The State of Punjab1 : A person can apply for AB even after the FIR is filed, but not if
the person has been arrested. Section 438 (1) of the Code lays down a condition, which has to be
satisfied before anticipatory bail can be granted. The applicant must show that he has “reason to
believe’ that he may be arrested for a non-bailable offence.

The use of the expression “reason to believe” shows that the belief that the applicant may be so
arrested must be founded on reasonable grounds.

Thirdly, the filing of a First Information Report is not a condition precedent to the exercise of the
power under S. 438. The imminence of a likely arrest founded on a reasonable belief can be
shown to exist even if an FIR is not yet file.

Fourthly, anticipatory bail can be granted even after in FIR is filed, so long as the applicant has
not been arrested.

After arrest, the accused must seek his remedy under S. 437 or Section 439 of the Code, if he
wants to be released on bail in respect of the offence or offenses for which he is arrested.

The four factors, which are relevant for considering the application for
grant of anticipatory bail, are :

 The nature and gravity or seriousness of accusation as apprehended by the applicant;

 The antecedents of the applicant including the fact as to whether he has, on conviction by
a Court, previously undergone imprisonment for a term in respect of any cognizable
offence;
 The likely object of the accusation to humiliate or malign the reputation of the applicant
by having him so arrested; and
 The possibility of the appellant, if granted anticipatory bail, fleeing from justice.

1
 Gurbaksh Singh Sibbia v The State of Punjab AIR 1980 SUPREME COURT 1632.

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 STAY ON ARREST

Stay On Arrest is a concept which in its effect is identical to anticipatory bail. This happens in
states like Uttar Pradesh, which do not have any provision for anticipatory bail. A Stay is an
order by a judge which keeps an order of a lower judge or of a layperson or of an officer of the
law or of the government in abeyance until some legal point is adjudicated. A Stay On Arrest is
an order which forbids the police from arresting you or your parents without the court's
permission. The procedure for a Stay On Arrest is similar to the procedure for anticipatory bail.
In UP people need to directly apply at high court level for this relief due to a legislated quirk in
UP's version of the Cr.PC. This has the obvious effect of making police more powerful than is
permissible in a functioning democracy.

TRANSIT BAIL

Transit Bail is the bail that you need to get in order to avoid transit remand. If you are arriving
from abroad and landing in your home town before heading for the place where the case has
been registered against you, you may apply for this kind of interim relief in order to avoid being
arrested until you reach that place to apply for anticipatory bail. This is usually needed if you
have been made the subject of a lookout notice, and (quite logically) you have not been able to
obtain anticipatory bail so far. 

REGULAR BAIL

Regular Bail is the bail that you get after you have been arrested OR after the charge sheet is
filed. It is often referred to without the prefix 'regular’ and rightly so. This will be arranged for
you by the lawyer who you engage to fight the case related to the FIR against you, be it dowry
demand related or anything else. If you get AB, then there is no need for regular bail.

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 REGULAR BAIL AND ANTICIPATORY BAIL:DIFFERENCE

It is incorrect to think that regular bail is required after anticipatory bail. This sort of
misunderstanding comes from the use of the word 'regular' in the context of ordinary bail. As
most readers are aware, in India (as in most other countries) we use the term 'daily wager' or
'temporary worker' or 'probationer' for the kind of employee who has not yet cleared his
probation, and 'regular employee' for someone who has cleared such probation. It is known to all
that temporary employment and regular status are two different phases in the course of most full-
time jobs. People sub-consciously draw a parallel from this context and decide that anticipatory
and regular bails are two different types of bails, both of which are essential if one is to remain
free pending a decision in the criminal case(s) against one. They could not be more mistaken. If
you get AB, then there is no need for any further sort of bail until and unless there is a conviction
in the lower court. This writer is not sure whether there was some mischief by some lawyers'
lobby in using the prefix 'regular' instead of 'usual' or 'ordinary' or 'vanilla' bail.

One thing to note is that every bail order is a final order, which implies that the prosecution side
cannot appeal against a bail order, and can only apply for cancellation of bail in an appropriate
forum. It also means that any AB applicant is potentially liable to be arrested upon rejection of
his application by any court at any level of the judiciary from the lowest court to the Supreme
court. Does this mean that you should anticipate arrest upon rejection at the first stage itself? In
this writer's humble opinion rejection of your bail application should not be taken to mean that
you have no legal protection left, even if the rejection be at the highest court. This point merits a
longer explanation. But let it be said that in law the terms 'liable' and 'potentially liable' are
(potentially) liable to mean different things –not to mention that neither can be said to be
synonymous with the term 'should'– before starting the explanation.

Remember that any officer who arrests anyone needs to satisfy the legal requirement laid down
under section 41a of the Cr.PC –which enjoins the arresting officer to explain in writing all the
reasons for arrest or non-arrest. Rejection of an anticipatory bail application does not absolve the
arresting officer of this responsibility. Further note that if rejection of application would directly
imply arrest then the whole category of accused persons by and large would be tempted to stop
using their legal option of attempting to arrest their own arrest. Can society tolerate laws which

9
cause people to avoid approaching courts? The answer is that laws which dissuade people from
approaching courts have their use, but they cannot be countenanced in cases where individual
liberty lies at stake. The third thing to note is that urgency of arrest increases with increase in the
seriousness of any crime. The fact that police routinely arrests people accused of organised crime
or murder or rape or under the NDPS Act after their first application is rejected (or even on their
way to court to file their first application) does not mean that they are bound to feel any need to
arrest anyone accused of dowry harassment or criminal breach of trust even up till or after
(rejection at) the Supreme Court stage. Legally illiterate police personnel cannot of course be
accounted for in the foregoing assertion.

OBJECT OF S. 438:

The object of Section 438 of the Code is that a person anticipating arrest under non-bailable
offence is not obliged to go to jail till he is able to move the Court for being released on bail, to
relieve a person from unnecessary apprehension or disgrace.

Section 438 of the Code contemplates an application for anticipatory bail has to be filed either to
High Court or to the Court of Session for a direction that in the event of his arrest he shall be
released on bail. This provision applies to all non-bailable offences and is not confined to
offences triable exclusively by the Court of Session.

Section 438(2)(i) of the Cr. P.C. is very clear that while granting anticipatory bail, the Court can
lay down a condition that the accused shall make himself available for interrogation by a police
officer as and when required. The purpose of such a provision is that anticipatory bail cannot be
permitted to be abused.

It is, therefore, implied that whenever the court imposes such a condition in its order, and the
accused called for interrogation or for certain investigation does not appear before the
investigating officer then it will be open for the State to move the High Court for cancellation of
bail.

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Whereas ordinary bail is granted after arrest, anticipatory bail is granted in anticipation of arrest
and is effective at the very moment of arrest.

The anticipatory bail can be granted even after the criminal Court has taken cognizance, and
summons or warrant has been issued by the Court. The anticipatory bail under Section 438 may
be granted to government servants, minors, women, old and infirm persons, handicapped
persons, persons having permanent disability, persons who are involved in pretty cases, persons
who are likely to be harassed in police custody. For other categories of cases, the general law of
bail is already provided in Section 439 of the Code.

WHEN SHOULD ANTICIPATORY BAIL BE GRANTED?

Granting anticipatory bail is an exceptional power and should be exercised only in exceptional
cases and not in general cases. Anticipatory bail has to be granted in exceptional cases where it
appears that a person might be falsely implicated or a frivolous case might be launched against
him, or there are reasonable grounds for holding that a person accused of an offence is not likely
to abscond, or otherwise misuse his liberty while on bail that such power is to be exercised. If a
case for anticipatory bail is made out, it should not be refused merely because the accused is
required in police custody for interrogation.

The operation of the order of anticipatory bail should not be limited in point of time and if it is
once granted must be held to be operative till the conclusion of the trial, unless it is cancelled
under Section 439 of the Code.

However, the Supreme Court has held that it is necessary that anticipatory bail orders should be
of a limited duration only and ordinarily on the expiry of that duration or extended duration the
Court granting anticipatory bail should leave it to the regular Court to deal with the matter on the
appreciation of evidence placed before it after the investigation has made progress or the charge-
sheet is submitted.

The application for anticipatory bail must show that the applicant has reasons to believe that he
may be arrested for a non-bailable offence and grounds for such belief must be capable of being

11
examined by the Court objectively and Section 438 of the Code cannot be invoked on the basis
of vague and general allegations2.

FILING OF ANTICIPATORY BAIL

The filing of a first information report is not a condition precedent to the exercise of the power
under Section 438 of the Code and anticipatory bail can be granted so long as the applicant has
not been arrested.

Status in life, affluence or otherwise, are hardly relevant consideration while examining the
request for granting anticipatory bail. Anticipatory bail to some extent intrudes in the sphere of
investigation of crime and the Court may be cautious and circumspect in exercising such power.

Section 438 of the Code may be attracted, when an influential person is the complainant against
a weak person or in the case of political rivalry between two persons if a case is instituted against
a political rival. However, there must be some indication that the allegations are false.

It is exercised in case of an anticipated accusation of non-bailable offence. The object of the

Section 438, Cr.P.C. is that the moment a person is arrested, if he has already obtained an order
from the High Court or the Court of Session, he shall be released immediately on bail without
being sent to jail.

If for example, the accused is politically influential and financially strong. He has capacity to
influence witnesses. Releasing accused when trial is at such precarious stage would not be
proper. Moreover, accused are residents of border districts and possibility of their fleeing from
judicial process cannot be ruled out. Accused were held, not entitled to be released on bail3.

2
https://mehnat.in/anticipatory_bail_stay_on_arrest.html.
3
http://www.shareyouressays.com/119371/anticipatory-bail-section-438-of-crpc-explained.

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 ‘REASON TO BELIEVE’

The use of expression ‘reason to believe’ in Section 438 of the Code shows that the belief that
the applicant may be so arrested must be founded on reasonable grounds. Mere ‘fear’ is not a
‘belief’.

‘Reason to believe’ obligates the existence of objective material for the subjective satisfaction of
the person apprehending in arrest. The objective material must be capable of being examined by
the Court.

Only then the Court, if satisfied, will grant relief under Section 438 of the Code. To show the
background of the case and the materials for the genuine apprehension, the Court may insist for
the affidavit to be filed by the petitioner, if not at least through supporting affidavit by some
person related to him, in order to enable the Court to decide whether to grant the relief sought for
or not.

Section 438 is a procedural provision which is concerned with the personal liberty of an
individual who is entitled to plead, innocence, since he is not on the date of application for
exercise of power under Section 438 of the Code convicted for the offence in respect of which he
seeks bail.

The applicant must show that he has ‘reason to believe’ that he may be arrested in a non-bailable
offence. Use of the expression ‘reason to believe’ that he may be arrested in a non-bailable
offence use of the expression ‘reason to believe’ shows that the applicant may be arrested must
be founded on reasonable grounds.

Mere ‘fear’ is not belief for which reason it is not enough for the applicant to show that he has
some sort of vague apprehension that someone is going to make an accusation against him in
pursuance of which he may be arrested. Grounds on which the belief on the application is based
that he may be arrested in non-bailable offence must be capable of being examined.

13
If an application is made to the High Court or the Court of Session, it is for the Court concerned
to decide whether a case has been made out of for granting the relief sought. The provisions
cannot be invoked after arrest of the accused.

As the power under Section 438 of the Code being rather of an unusual nature, it is entrusted
only to the higher echelons of judicial service, namely, a Court of Session and the High Court.

Though Section 438 of the Code gives concurrent powers to High Court and Court of Session, it
is normally to be presumed that the Court of Session would be first approached for the grant of
anticipatory bail unless an adequate case for not approaching the said Court has been made out.

It is not always necessary that the Session Judge should be approached first. If the petition for
anticipatory bail has been rejected by the Sessions Court, the petitioner cannot approach the High
Court asking for anticipatory bail on the same ground.

However, the Division Bench of the Karnataka High Court held that a petition under Section 438
of the Code is maintainable before the High Court even if a similar application has been made
and rejected by the Court of Session as, in the hierarchy, Court of Session is subordinate to the
High Court, a party who makes an application under Section 438 of the Code before the Sessions
Court, could approach the High Court if his application has been rejected by the Court of
Session, but not vice versa4.

Section 438 of the Code does not make any specific provision for issuing notice to the public
prosecutor and hearing the public prosecutor by the Court before granting anticipatory bail.
However, the Supreme Court decided that notice should be issued to the public prosecutor or the
Government Advocate before granting final anticipatory bail.

It has been held that in order to avoid the possibility of the person hampering investigation, the
High Court or the Court of Sessions may impose such conditions as it thinks fit while admitting
him to anticipatory bail5.

4
Mr Dinesh Gowda v The State CRIMINAL PETITION NUMBER 3060/2016.

5
MR Nararyanan v The State 2003 CriLJ 1472.

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 PROCEDURE AS REGARDS THE ANTICIPATORY BAIL

Anticipatory bail granted by the High Court can only be cancelled under Section 439(2) of the
Code. It has been held that when an anticipatory bail is granted on giving full hearing to the
public prosecutor and repeated attempts to have it cancelled have failed, it cannot be cancelled
unless fresh material are placed and the conditions for cancellation of bail as provided under
Section 439(2) are fulfilled. Bail once granted should not be cancelled in a mechanical manner.

The criminal prosecution procedure in India follows the Cr.PC or Criminal Procedure Code of
India. This procedural code specifies exactly the powers and duties of courts, lawyers, police,
accused, and complainants. Amongst other things, it details out how somebody may be arrested,
when he or she may be arrested, under what circumstances arrests are to be made, what
procedure is to be followed at the time of arrest, and which officers have the power to authorise
arrest. It also details out where the arrested person is sent after being arrested, whether to police
custody (lockup in a police station), or judicial custody (jail). In cases u/s 498a/406/34 the
accused may rightfully fear arrest.

Bail is another subject which is dealt with by the Cr.PC. Bail is a way in which an accused
person may get temporary freedom until his case is finally disposed of. Depending upon the
seriousness of the allegations, a person may be able to avoid arrest altogether, may be able to
spend time only in police custody or only in judicial custody, or may not be able to get bail at all,
until the disposal of his case. The Cr.PC lays out how a person may be granted bail, and the
various types of bail.

Anticipatory Bail can be said to be superior to interim bail because the former is permanent
unlike the latter. It is also superior to bail after arrest because unlike post-arrest bail, the accused
does not have to spend even a single day in custody if he gets an Anticipatory Bail order in his
favor. This applies to all criminal cases including dowry cases. This bail is applied for in
anticipation of arrest. If you have reason to believe that you may be arrested for a crime which
you did not commit, then you have the right to apply for this type of bail. Such belief may come
to your mind if you learn about a criminal complaint made to the police by your wife, or by any

15
threats made by her family against you and your family (this second one should not always be
taken seriously, but the first one should be).

DRAFTING OF AN ANTICIPATORY BAIL APPLICATION

As soon as you learn about the police complaint against you under section 498a/406/34, a good
lawyer is contacted to apply for pre-arrest notice or notice bail, and anticipatory bail. These are
two separate things but they are the same thing. The lawyer will draft an anticipatory bail
application mentioning your version of the facts of the case, and will apply at the appropriate
district court. The matter will come up for hearing, and the person concerned should try to send
somebody to be there with your lawyer when it comes up. The court will have sent a notice to the
C.A.W. cell or Mahila Thana or Women Cell, and their officer will appear on this date, along
with a lawyer who represents the government, usually called a public prosecutor or a government
pleader, in case of women.

The public prosecutor will talk to the police officer, and he will tell the judge that since no FIR
has been registered as yet, therefore there is no ground for granting bail 6. The judge will
seemingly agree with the PP, and will ask the lawyer what he has to say about this. The lawyer
will verbally withdraw the anticipatory bail application and will make an oral prayer for seven
days' pre-arrest notice in case the police formulate an intention to arrest you or your family at
some later date. The judge will grant this plea, and will pass an order telling the police to give
you written notice seven days before they intend to arrest you, or your parents, or you and your
parents separately. This is called notice bail commonly.

If this bail application is rejected, then one can apply in the high court. If the High Court also
rejects, then the person can apply in the Supreme Court. Usually High Court grants this relief. It
is said that "bail is the rule, jail is the exception". What this means is that courts (judges) have a
bent of mind towards giving bail to all such accused who are not likely to be able to influence
witnesses if set free during the pendency of their respective cases.

When the complaint is turned into an FIR, then the investigating officer will send the person
concerned a notice of arrest. As soon as he gets this notice, he’d apply for anticipatory bail,
6
http://www.shareyouressays.com/119371/anticipatory-bail-section-438-of-crpc-explained.

16
following the same procedure which he used for notice bail. Note that both notice bail and AB
are applied for u/s 438 of Cr.PC of India.

The court may decide to impose some restrictions on you in its AB or Bail Order.

FEE FOR ANTICIPATORY BAIL

The fee for anticipatory bail and notice bail may be one lump sum, or it may be two separate
amounts. The logic in favor of the first is that they are actually two steps of one process. People
who follow the second option do it because they feel that they must pay for whatever is actually
performed, and they should not panic and start paying for a step which may never occur.
Lawyers usually offer a discount if you purchase a package containing both steps. The fee for the
actual criminal case which follows the FIR is separate from the fee for anticipatory bail7.

CONCLUSION

Under Section 438 of the Criminal Procedure Code there is a provision for a person to seek
‘Anticipatory Bail’. This means that an individual can seek or request to get bail in anticipation
or in expectation of being named or accused of having committed a non-bailable offence.

Anticipatory bail is meant to be a safeguard for a person who has false accusation or charges
made against him/her, most commonly due to professional or personal enmity, as it ensures the
release of the falsely accused person even before he/she is arrested.

To get anticipatory bail the person seeking it, must approach the Court of Sessions or the High
Court and citing section 438 of the Criminal Procedure Code as well as giving proper reason,
apply for it. If the court, based on a number of conditions and the nature of the case, sees merit in
the petition the bail is granted. Hence if and when the person is arrested, he/she will be
immediately released on the basis of the anticipatory bail.

7
https://fsjdallindia.wordpress.com/law-acts/matrimonial-law/faqs-on-498a/.

17
 Conditions that are taken into consideration by the court when granting anticipatory bail
include, but are not limited to:

 The person will make him/herself available for interrogation by the police as and when
required by them

 The individual shall not directly or indirectly  make any threat, promise or offer any bribe
to any person who is connected to the case or knows facts about the case, so as to keep them
quiet or to get them to change their report of facts to the court or the police  

  An assurance that the person shall not leave India without prior permission from the
court.

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 BIBLIOGRAPHY

1. BOOKS REFERRED
 Dr. A.B. Kafaltiya, Textbook on Drafting, Pleading and Conveyance (2010
Edition).
 R.V. Kelkar, Lectures on Criminal Procedure.
 R.V. Kelkar’s Criminal Procedure (2015 Edition)

2. WEBSITES REFERRED
 www.manupatra.com
 www.scconline.com

3. LEGISLATIONS REFERRED
 Code of Criminal Procedure, 1973.

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